LAWS(PAT)-2017-7-119

AKALU YADAV Vs. STATE OF BIHAR

Decided On July 05, 2017
AKALU YADAV Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The present appeal was preferred against the judgment of conviction and sentence dated 21st May, 1993 passed by Sri Satyadeo Prasad, learned 8th Additional Sessions Judge, Arrah (hereinafter referred to as 'Trial Judge') in Sessions Trial No. 182 of 1987 (arising out of Arrah Muffasil P.S. Case No. 73 of 1986). By the said judgment, the learned Trial Judge has convicted all the three appellants for offence under Section 302 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life. However, the learned Trial Judge acquitted remaining five accused persons from all the charges. Even the aforesaid appellants were acquitted in respect of other charges.

(2.) In the aforesaid trial i.e. Sessions Trial No. 182 of 1987, eight accused persons were tried, namely; 1. Aklu Yadav (appellant No. 1), 2. Paras Yadav, 3. Potar Yadav (appellant No. 2), 4. Matar Yadav, 5. Sheo Prasad Yadav, 6. Rajgrihi Yadav, 7. Jagdish Yadav and 8. Kamlesh Yadav (appellant No. 3). Charges were framed on 20th January, 1989 against appellant No. 1 (Aklu Yadav) and he was charged under Section 324 of the Indian Penal Code for voluntarily causing hurt to Bikram Yadav by sharp cutting weapon. Appellant No. 2 (Potar Yadav) was charged for offence under Section 302 of the Indian Penal Code for committing murder intentionally and knowingly of Bikram Yadav. Accused Paras Yadav, Kamlesh Yadav (appellant No. 3), Matar Yadav, Rajgrihi Yadav, Sheo Prasad Yadav, Jagdish Yadav and Aklu Yadav (appellant No. 1) were charged for offence under Sections 302/149 of the Indian Penal Code. Accused Paras Yadav, Kamlesh Yadav (appellant No. 3), Matar Yadav, Rajgrihi Yadav, Sheo Prasad Yadav and Jagdish Yadav were further charged for offence under Section 323 of the Indian Penal Code.

(3.) Prosecution case in short is that on 16-07-1986 at about 3:45 P.M. in Ara Hospital, Sub-Inspector of Police S.P. Singh recorded fardbeyan of Sheo Kumar Yadav, informant (P.W.-3). In the fardbeyan, the informant stated that on the same date i.e. on 16-07-1986 at about 11:00 A.M., his Pattidar (Gotiya) Aklu Yadav was erecting a wall, which had fallen down. The construction work started encroaching over the land of the informant. At that very time, Kamlesh Yadav (appellant No. 3) and Aklu Yadav (appellant No. 1) were present and to help them, he had called Matar Yadav, Rajgrihi Yadav, Sheo Prasad Yadav, Jagdish Yadav, Paras Yadav, Potar Yadav from outside. When the informant noticed that accused persons were constructing the wall encroaching over his land, he went to the place of construction and asked the accused persons to construct the wall over their own land. Thereafter, accused Aklu Yadav (appellant No. 1) and other accused persons named in the fardbeyan started abusing informant side. The informant stated that Rajgrihi Yadav, who was carrying lathi in his hand, instigated other accused persons to kill the informant. Thereafter, accused Aklu Yadav (appellant No. 1), who was carrying bhala in his hand, gave bhala blow on just above the temporal region of his brother Bikram Yadav. Potar Yadav, who was carrying khanti in his hand, gave blow on the head of his brother and Jagdish Yadav thereafter started pressing his chest while he had fallen. The informant further stated that appellant No. 3 (Kamlesh Yadav) gave blow from the blade side of spade on the forehead. The informant further stated that when he with his Bhaujai (brother's wife) i.e. wife of Bikram Yadav and other gotiya Ram Pravesh Yadav called, then accused Sheo Prasad Yadav gave lathi blow on his chest and left hand and also abused. He disclosed that his brother's wife (deceased wife) Sarswati Devi was assaulted by accused Paras Yadav by means of lathi on her hand and ribs. In the said occurrence, he stated that Ram Pravesh Yadav also received injury. In the meanwhile, villagers arrived and witnessed the occurrence. Thereafter, the brother of the informant (Bikram Yadav) was carried on a cot to Ara Hospital with the help of Ram Ratan Yadav (P.W.-2), Ram Babu Rai (P.W.-4) and others. He disclosed that on way to Hospital, his brother succumbed to his injuries and thereafter, fardbeyan of informant was recorded in the hospital. On the basis of fardbeyan of the informant, a formal F.I.R. was lodged against eight named accused persons on the same date, vide Ara Muffasil P.S. Case No. 73 of 1986.